Rechtsanwaltskammer Wien (Judgment) French Text [2022] EUECJ C-58/21 (15 September 2022)

Rechtsanwaltskammer Wien (Judgment) French Text [2022] EUECJ C-58/21 (15 September 2022)

The rules of conflict in Article 13(2) of Regulation (EC) No 883/2004 do not apply to a person residing and having their centre of interest in one Member State (including Switzerland under the relevant agreement) while working in two others, for the purpose of determining direct rights to benefits from contributions...

Source-derived case information.

Citation
[2022] EUECJ C-58/21
Parties
Applicant: FK; Respondent: Rechtsanwaltskammer Wien
Jurisdiction
European Union
Judgment Date
15 September 2022
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union
Outcome
Preliminary ruling: Article 13(2) of Regulation (EC) No 883/2004 does not apply to the described situation; Articles 45 and 49 TFEU preclude the Austrian rule requiring renunciation of legal practice in all countries for early retirement pension.
Legal Topics
Coordination of Social Security Systems, Freedom of Establishment, Free Movement of Workers, Pension Rights, Non Discrimination, Proportionality, Retirement Conditions
European Union Law Social Security Law Labour Law Coordination of Social Security Systems Freedom of Establishment Free Movement of Workers Pension Rights Non Discrimination +2 more

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Parties

FK

Applicant

Rechtsanwaltskammer Wien

Respondent

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union

Legal Issues

  1. 1 Interpretation of Article 13(2) of Regulation (EC) No 883/2004 regarding applicable legislation for self-employed persons active in multiple Member States including Switzerland
  2. 2 Compatibility of Austrian law requiring renunciation of legal practice in all countries for early retirement pension with EU law, specifically Articles 45 and 49 TFEU

Ratio Decidendi

The rules of conflict in Article 13(2) of Regulation (EC) No 883/2004 do not apply to a person residing and having their centre of interest in one Member State (including Switzerland under the relevant agreement) while working in two others, for the purpose of determining direct rights to benefits from contributions paid in those other states. Furthermore, Articles 45 and 49 TFEU preclude a national rule requiring renunciation of the legal profession in all countries as a condition for an early retirement pension, as such a rule constitutes an unjustified restriction on free movement and establishment and is disproportionate to the stated objectives.

Court Disposition

Preliminary ruling: Article 13(2) of Regulation (EC) No 883/2004 does not apply to the described situation; Articles 45 and 49 TFEU preclude the Austrian rule requiring renunciation of legal practice in all countries for early retirement pension.

Orders

  • The rules of conflict in Article 13(2) of Regulation (EC) No 883/2004 are not applicable to the situation described.
  • Articles 45 and 49 TFEU preclude a national rule requiring renunciation of the legal profession in all countries as a condition for an early retirement pension.